Marde (Pty) Limited v J Con Construction (Pty) Limited In Re J Con Construction (Pty) Limited v Marde (Pty) Limited (947/2020) [2020] ZAFSHC 263 (20 August 2020)

Parties

Procedural Posture

Exception Application / Exception to Summons—hearing and Judgment

Legal Issues

1. 1 Does the plaintiff's summons disclose a cause of action in the absence of an averment that it is registered with the National Home Building Regulatory Council?
2. 2 Does section 10 of the Housing Consumer Protection Measures Act apply to alterations or repairs to an existing home, or only to the construction of new homes?
3. 3 Can regulations be used to extend or interpret the meaning of statutory provisions in the Act?

Ratio Decidendi

The court held that section 10 of the Housing Consumer Protection Measures Act applies only to the construction of new homes and not to alterations or repairs to existing homes. The Act's definitions and objects, as interpreted by relevant case law, restrict its application to new home construction. The regulations cannot be used to extend the meaning of the Act. The excipient's interpretation would lead to absurd results, such as requiring registration for minor works like painting. Since the summons could reasonably be interpreted as relating to alterations rather than new home construction, and the excipient failed to show that no cause of action could be disclosed on any...

Court Disposition

Exception dismissed with costs.

Orders

• The exception is dismissed with costs.